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Protecting Your Intellectual Property in Thailand (2026 Guide)
How to register trademarks, patents, and copyrights in Thailand. Covers DIP procedures, costs, enforcement, and practical IP protection strategies for foreign businesses.
Why IP Protection Matters in Thailand
Thailand operates on a first-to-file system for trademarks and patents. This means whoever files first owns the right — regardless of who used it first. Foreign businesses that delay registration risk having their brand stolen by local competitors or former partners.
Trademarks
Registration: Filed at the Department of Intellectual Property (DIP). Process: search (1-2 days) → application (THB 1,000/class) → examination (12-18 months) → publication (60-day opposition period) → registration (THB 600). Protection lasts 10 years, renewable indefinitely. What to register: Business name, logo, product names, slogans. Register in all relevant Nice Classification classes.
Patents
Invention patents: 20-year protection. Filing fee THB 250. Examination takes 3-5 years. Must be novel, involve an inventive step, and have industrial application. Petty patents (utility models): 6-year protection (extendable to 10). Faster registration, lower inventive threshold. Design patents: 10-year protection for ornamental designs.
Copyright
Copyright protection is automatic in Thailand — no registration required. Protection lasts for the author's lifetime plus 50 years. However, voluntary registration at DIP (THB 200) creates a presumption of ownership useful in disputes. Covers: literary works, music, films, art, software, databases.
Trade Secrets
Protected under the Trade Secrets Act B.E. 2545 (2002). No registration needed, but you must take "reasonable measures" to keep the information secret — NDAs, access controls, confidentiality policies. Misappropriation carries criminal penalties: up to 2 years imprisonment and THB 200,000 fine.
Enforcement
Options: (1) Send cease-and-desist through a Thai lawyer. (2) File complaint with DIP (free). (3) File criminal complaint with police (trademark/patent infringement is criminal). (4) Civil lawsuit at the Central IP & IT Court. (5) Customs recordation to stop counterfeit imports. Criminal penalties: trademark infringement — up to 4 years imprisonment and THB 400,000 fine.
Practical Tips
Register trademarks BEFORE entering the Thai market. Use Thai-language versions of your brand. Include your Thai business partner in an IP assignment agreement. Monitor online marketplaces (Lazada, Shopee) for counterfeits — both platforms have takedown procedures.
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